Patna High CourtCR. MISC./18967/2023dismissed

Nishant Kumar Singh v. The State Of Bihar

2023-06-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18967 of 2023 Arising Out of PS. Case No.-279 Year-2022 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Nishant Kumar Singh S/O Gauri Shankar Singh Resident Of Village- Rajpoot Tola Road No 11, Ps- Mithanpura, Distt.- Muzaffarpur, Permanent Address Village- Chakeyaj, P.S- Mahnar, Distt.- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nagendra Kumar Singh For the Opposite Party/s :

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Kazi Mohammadpur P.S. Case No. 279 of 2022 registered for the offences punishable under Section 376 of the Indian Penal Code pending in the Court of learned A.C.J.M.-1st, Muzaffarpur. The allegation against the petitioner is that on the pretext of marriage the petitioner established physical relationship with the informant and took her photographs and video.

Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the

Patna High Court CR. MISC. No.18967 of 2023(3) dt.23-06-2023 2/2 petitioner is not specific rather general and omnibus in nature. He submits that the informant is major aged about 24-25 years. He further submit that the petitioner never proposed to marry with the informant rather they were in love affairs and only chatting. The petitioner has got no criminal antecedent as mentioned in para-3 of the bail application.

Learned APP for the State vehemently opposing the bail petition submitted that there is specific overt act against the petitioner.

Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) anand/- U T